This blog is for discussion of everything judicial: nominees, judges, the confirmation process, judicial philosophy, court decisions, constitutional issues, judicial activism. The views expressed here are those of the individual bloggers and do not necessarily represent the views of the Committee for Justice.

Senator Kennedy took the scary position that it was just and appropriate for the Congress to extract by coercion the private, internal records of a political advocacy group just because it was considering the nomination of a person who had once been a member of that organization.To understand how weird this is, consider the following "thought experiment": If the next Democratic SCOTUS nominee once belonged to the American Civil Liberties Union (as Ruth Bader Ginsburg actually did) and, say, Sam Brownback proposed issuing a subpoena for the "records" of the ACLU to help him "understand" the nominee's testimony, what do you imagine the reaction of the mainstream media might be? The implications of Senator Kennedy's demand for freedom of speech and association are appalling. Where's the outrage?